Can a police officer or state trooper force an individual to take a blood alcohol test? I was involved in a serious car accident on Rte 495 recently and the passenger of the other vehicle was taken to the hospital. I thought I had the choice to decline taking a blood alcohol test, but the officer forced me to take one. What does that mean and what should I do now?
Unless the State Trooper or Officer has a warrant to take your blood they cannot force you to provide a sample of your blood. Like breath testing, they can ask you to submit to a blood sample if you are in a hospital and under arrest for OUI. Otherwise they do not have any right to force you to provide a sample of your blood for testing. You should speak with a certified drunk driving attorney to determine your course of action. Feel free to contact me for a free consultation.
Massachusetts Drunk Driving Attorney, James Milligan represents clients charged with DUI DWI OUI in Boston and throughout Massachusetts and Barnstable, Bristol, Essex, Middlesex, Norfolk, Plymouth, Suffolk and Worcester Counties.